HJH v Woolworths Group Limited

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

HJH v Woolworths Group Limited [2025] NSWCATAD 8

Hearing dates:

04 September 2024

Date of orders:

09 January 2025

Decision date:

09 January 2025

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

D Dinnen, Senior Member

Decision:

Leave is refused under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the Applicant’s complaint to proceed.

Catchwords:

HUMAN RIGHTS — discrimination — equal opportunity — leave required for complaint to proceed — principles applying to grant of leave

Legislation Cited:

Anti-Discrimination Act 1977

Cases Cited:

Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282

Dutt v Central Coast Area Health Service [2002] NSWADT 133

Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143

Jones v Ekermawi [2009] NSWCA 388

Langley v Niland [1981] 2 NSWLR 104

Munt v Workers Compensation Independent Review Officer [2020] NSWCATAD 156

Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20

Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73

Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92

Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262

Spence v Roberts (No 2) [2006] NSWADT 361

Texts Cited:

None

Category:

Procedural rulings

Parties:

HJH (Applicant)
Woolworths Group Limited (Respondent)

Representation:

Applicant (self-represented)

Solicitors:
Woolworths Group Limited (Respondent)

File Number(s):

2024/00264426

Publication restriction:

a. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) (the Act) disclosure of the name of the applicant is prohibited.

b. Pursuant to s 64(1)(c) of the Act, the publication of the following material is prohibited:

i. The name and gender of the applicant’s child referred to in the Reasons for Decision dated 9 January 2025 (the Decision);

ii. The location of the Woolworths store referred to in the Decision; and

iii. The nature of the disability referred to in the Decision.

Note to parties
Pursuant to s 64(4) of the Act, a reference to the name of a person includes reference to any information picture of other material that identifies that person or is likely

REASONS FOR DECISION

Background

1. On 4 February 2024, HJH (the Applicant) and her child were shopping at a Woolworths store in regional New South Wales. The Woolworths store is owned and operated by the Woolworths Group Limited (the Respondent). The Applicant’s child has a disability.

2. The Applicant alleges that employees of the Respondent were dangerously moving trolleys and when she raised concerns with a store manager about the danger this posed to her child, she was told “strap her into her stroller”, “control your kid”, and the store staff became argumentative with her. She started filming and photographing the staff and was told that she could not film in the store. The Applicant got upset and left the store.

3. On 4 February 2024 the Applicant lodged a complaint with Anti-Discrimination NSW (ADNSW), alleging that she and her child had been discriminated against…